CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The EASA has issued AD 2009-0036 affecting CFM International CFM56-3 series engines. EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM56/29, which will become effective on
9 April 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of civil aviation within the country. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that address safety concerns for specific types of aircraft or aeronautical products. In the context of international civil aviation obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, must respond to ADs issued by the State of Design by either issuing equivalent Australian ADs or taking other appropriate regulatory actions to ensure compliance with safety standards. This legislative framework is designed to uphold the highest safety standards in civil aviation, reflecting Australia’s commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia, with a specific focus on the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for particular types of aircraft or aeronautical products as per regulation 39.001. These ADs serve as legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of aircraft types and must provide necessary information to the States of Registry, which include Australia. Consequently, when a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. For instance, in response to the European Union Aviation Safety Agency's (EASA) AD 2009-0036 concerning CFM International CFM56-3 series engines, CASA issued Australian AD/CFM56/29, which became effective on 9 April 2009. These regulations apply to entities involved in the design, manufacture, and operation of aircraft, including manufacturers, operators, and regulatory authorities. The jurisdictional reach of these regulations is national, ensuring uniform safety standards across Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is exercised under the authority of the State of Design, which has the responsibility to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must then assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are subject to a number of obligations and requirements. The State of Design is obligated to provide necessary information to ensure the continuing airworthiness of aircraft types, and must issue ADs as needed. CASA, as the State of Registry, must assess these ADs and issue Australian ADs if appropriate. Operators of aircraft affected by ADs must comply with the specified requirements, which may include inspections, repairs, or modifications, to maintain the airworthiness of their aircraft. These obligations are crucial for maintaining safety standards in civil aviation and ensuring that aircraft continue to meet the necessary safety criteria throughout their operational life.
Failure to comply with the requirements of an AD can lead to significant legal consequences. Section 84A(2) of the Civil Aviation Act 1988 stipulates that ADs are legislative instruments, and non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties can be imposed. The exact penalties depend on the specific breach and the discretion of the court, but they are designed to enforce compliance and ensure that safety standards are not compromised. Given the critical nature of airworthiness, the consequences for non-compliance can be severe, reflecting the importance of adhering to ADs to maintain the safety of air navigation.